No (c) (1) (6) Not necessary (See Note B ) Yes (See Note A ) Not Specified

WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 Statute Extraterritoriality (1) Length 25-5-35 Yes (d) – Subject to 4-part test (2) ...
Author: Judith Reeves
0 downloads 0 Views 632KB Size
WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 Statute

Extraterritoriality (1)

Length

25-5-35

Yes (d) – Subject to 4-part test (2)

Not specified

23.30.011

Yes – Subject to 4-part test (2)

Not specified

Arizona

23-904

Yes

90 Days (F.)

Yes (3) (4)

Arkansas

11-8-103 11-9-101 3600.5

Yes

Not specified

No (See note “A”)

Yes

“Temporarily” 6 months Extendable

Yes (3) (4)

State Alabama

Alaska

California Colorado

Reciprocity Yes/No – applied against Alabama benefits Yes (3)/No (c) (1) – (6)

8-41-204

Yes

568-31-275 568-31-340

Yes (See Note “A”)

Not Specified

Not necessary (See Note “B”)

19-2303

Yes – Subject to 4-part test (2)

Not Specified

Yes (See Note “A”)

Length (1) Not in Statute

Employer may contractually agree w/employee which state’s benefits apply (paragraph (c)).

Not in Statute

Employer may contractually agree w/employee which state’s benefits apply.

90 Days (F.)

For reciprocity to apply, the “sending” state must recognize Arizona’s WC protection (mutual reciprocity). A.

“Temporarily”

Florida 440.094 Georgia Hawaii Idaho Illinois Indiana

Yes

See Note “A”

Yes (3) (4)

See Note “A” See Note “B”

Yes

Not specified

Yes (See Note “A”)

Not specified

340-9-121 340-9-242 Title 21 Chap. 386-6, 386-10 72-217 72-222

Yes

Not specified

No

Yes – Subject to 4-part test (2)

Not specified

Yes (3) (4)

820 ILCS 305

Yes

Not specified

No

22-3-2-20 22-3-2-2 22-3-9-1

Yes

Not specified

Yes (See note “A”)

1

6 months (See note “B”)

Coverage must be provided by a carrier licensed in Arkansas. There may be some level of reciprocity, but not full.

“Temporarily” not defined in the statute. • • A.

No

Connecticut

Delaware

Notes

B.

The 6-month limitation can be extended in writing to State. CO must be specifically listed as a 3.A. State (no reciprocity) Definition of “Employee” includes those who work “within or without” the state. Section 340 states protection extended to any location described or associated with described location Workers who reside out of the state and do not work within the state at least 50% of the time are NOT considered employees (per definition of “employee”)

A.

Employer may have to pay difference b/w home state and DE.

A. B.

10 Consecutive Days / No more than 25 in a calendar year Does not apply to those in a construction class. All workers in these classifications are considered “employees” and subject to FL work comp laws (no reciprocity for construction).

A.

Mutual reciprocity required in construction classifications

Out of state employers must file with the state.

Not specified

State enters into specific reciprocal agreements (MT, NV, ND, OR, UT, WA, WY) If contract or hire is Illinois, doesn’t matter where injury occurs. If the injury occurs in Illinois, it doesn’t matter where the contract of hire was made.

Not specified

Disclaimer: This reference sheet is not to be construed as nor is this legal advice or legal interpretation of each state's general statute. Consult with counsel to assure compliance with individual state statutes.

A.

22-3-9-1 states that an employer is not required to comply with the WC requirements until there are five employees.

©2016 Christopher J. Boggs

WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 State Iowa Kansas Kentucky

Statute

Extraterritoriality (1)

Length

Reciprocity

Title III Chapters 85.71, 85.72, and 85.3

Yes – Subject to 5-part test (5)

Not specified

No

44-506 44-508

Yes (See note “A”)

Not specified

No (See note “B”)

342.670

Yes – Subject to 4-part test (2)

Length (1)

• • A. B.

Not specified

Yes

A.

23:1035.1

Yes (See note “A”)

Not specified

No (See note “B”)

Maine

Michigan

Minnesota

Mississippi

B.

No more than: 39-A M.R.S.A. 113

Massachusetts

Labor and Employment 9-203 Part I, Title XXI, Chapter 152, Sections 1 and 26

See Notes

Not specified

Yes (3) (4)

Yes

Not specified

Yes (3) (4)

Yes

Not specified

No



• 5 consecutive days; • 10 days in 30-day period; or • 30 days in 360-day period

Not specified

Yes (See note “A”)

Not specified

No (See note “B”)

Not specified Not specified

176.041 176.295

Yes

Not specified

Yes (See notes “A” and B)

71-3-109

Yes

6 Months (Extendable)

Yes (3) (4)

B. A. B.

A.

Title XVIII Chap. 287 Sections: 020, 030, 060, and 110

Yes (See notes “A” and “B”)

13 weeks? (See note “C”)

No (See note “D”)

39-71-402

Yes

Not specified, “Temporarily”

Yes (3) (4) Except Construction

2

Employment contract needs to specify which state’s benefits apply. Employer may have to pay difference if not in employee contract. The principle place or employment must be in the state or the contract of hire must be made in the state. Reciprocity not specifically granted. Any benefits from another state are credited against benefit amounts mandated in Louisiana. Extraterritoriality: There is nothing specified in statute regarding the extraterritoriality of the work comp protection. The presumption is that coverage does follow the worker since it is not specifically forbidden. The Extraterritorial extension of protection may be subject to the same limitations as the Reciprocity provisions.

Reciprocity: Statute uses terms “intermittently” and “temporarily” but does not define them. The worker cannot be a resident of the state.

A.

418.845 418.846

Essentially the employee must work predominately in the state for Extraterritorial protection. See footnote (5). Any worker in the state is considered subject to its WC laws. The principle place or employment must be in the state or the contract of hire must be made in the state. Non-reciprocity based on definition of “employer”

Reciprocity: Based on the Section 1 definitions of “Employee” and “Employer,” reciprocity does not appear to be granted.

Missouri

Montana



Not specified

Louisiana

Maryland

Notes

B. C. D.

Not specified

Disclaimer: This reference sheet is not to be construed as nor is this legal advice or legal interpretation of each state's general statute. Consult with counsel to assure compliance with individual state statutes.

The principle place or employment must be in the state or the contract of hire must be made in the state. Payments received from another state are credited against the benefits owed under Michigan WC laws. Employee must not be eligible for the special compensation fund and cannot be a resident of the state. North Dakota employers are specifically excepted from the law and full reciprocity is extended to ND employers.

The principle place or employment must be in the state or the contract of hire must be made in the state. The employer can contractually agree to another state’s benefits 287.110 seems to limit extraterritorial coverage to 13 weeks. WC not required until 5 or more employees; except construction – only 1 required.

Statute allows the state to enter into mutual reciprocal agreements to allow full reciprocity between the states. Construction workers are only

©2016 Christopher J. Boggs

WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 State

Extraterritoriality (1)

Statute

Length

Reciprocity

Length (1)

included in this agreement if specifically addressed in the agreement. States with reciprocal agreements (6 months): ID, ND (12 mos.), OR*, SD*, UT*, WA*, WY (* - Excluding construction) A. The principle place or employment must be in the state or the contract of hire must be made in the state. B. Definition of “employee” states that coverage applies to any employer doing work in the state.

Nebraska

Nevada

48-115

Yes (See note “A”)

Not specified

No (See note “B”)

Title 53 Chap. 616B.600, 616C.190

Yes (See note “A”)

6 Months (Extendable)

Yes (3) (4) Except Construction

Not specified

New Hampshire Title XXIII Chap 281-A:12 281-A:5-f

Yes (See note “A”)

Not specified

Yes (See note “B”)

Notes

A.

The principle place or employment must be in the state or the contract of hire must be made in the state.

A.

Extraterritorial protection applies only if: 1) the employee or the employee's dependents release the employer from all liability under any other law; 2) the employer is engaged in business in this state; 3) the contract of employment was made in this state; and 4) the contract of employment was not expressly for service exclusively outside of this state. According to statute, the WC laws do not apply to non-resident employers and employees doing business in the state. By combination of statutory wording. Extraterritoriality not forbidden. If a contract of hire is made in NJ for work being done in NJ, reciprocity does not apply.

Not specified B.

New Jersey

New Mexico

34: 15-7 34: 15-36 34: 15-71 52-1-64 52-1-66 52-1-68 (See note “A”)

A.

Yes (See note “A”)

Not Specified

Yes (See note “B”)

Not specified

B.

Yes – Subject to 4-part test (2)

Not specified

Yes - very limited (See note “B”)

Not specified

A. B.

Reciprocity: The state sets up mutual reciprocal agreements. No reciprocity for construction classes. If not in construction, reciprocity is granted if less than 3 employees are in the state.

A. B.

Not specified

Yes (See note “A”) (Listing in 3.C. is required and the carrier must be licensed in NY)

Reciprocity not extended to those within the construction industry. Reciprocity based on previous year. Reciprocity not extended to any other employer (see note “A” for construction) who had an employee physically in NY for: 1) at least 40 hours a week for more than 2 consecutive weeks; or 2) had employees in NY for 25 or more individual days (5 employees for 5 days = 25 individual days) Extraterritoriality applies if: 1) the contract of employment was made in this State; 2) the employer's principal place of business is in this State; or 3) the employee's principal place of employment is within this State Based on the way the statute reads, it appears NC will extend reciprocity but not in full, applying the amount recovered from the workers domicile state as an offset against the amount due under NC law. NC law does not apply unless there are 3 or more employees.

New York WKC Article 2, Chap. 10 Article 4, Chap. 50

Yes

See note “B”

A.

North Carolina

97-36

3

Yes (See note “A”)

Not specified

Yes (See note “B”)

Not specified

Disclaimer: This reference sheet is not to be construed as nor is this legal advice or legal interpretation of each state's general statute. Consult with counsel to assure compliance with individual state statutes.

B.

©2016 Christopher J. Boggs

WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 State North Dakota

Extraterritoriality (1)

Statute

Oklahoma Oregon

Reciprocity

Length (1)

Title XLI Chapter 4123.54(H)(5) Ohio Administrative Code: 4123-17-23(C) Title 85A 436-050-0055 656.126

Yes – Subject to 4-part test (2) (See note “A”)

Not specified

Yes (See note “B”)

Not specified

Yes

Not specified

Yes (See note “A”)

90 consecutive days (not cumulative)

Yes

Not specified

Yes (3)(4)

Not specified

B.

Pennsylvania

Rhode Island

Title 77 PS 411.2

Yes – Subject to 4-part test (2)

Not specified

Yes/No (See note “A”)

Not specified

28-29-9 28-29-16

Yes

Not specified

Yes

Not specified

South Carolina

South Dakota

Tennessee

Notes A.

65-08

Ohio

Length

42-15-10

Yes

Not specified

Yes (See note “A”)

Not specified

62-1-1 62-3-14 58-20-5

Yes (See note “A”)

Not specified

Yes (3) (4)

Not specified

50-6-115

Yes

“Temporarily” (8)

Yes (3) (4)

“Temporarily”

Labor Code, Title 5, Subtitle A, Chap. 406, Subchapter D (071 – 075)

Yes - “Significant contacts” required. (See note “A”). Or, TX is employer’s principle location (See note “B”).

Less than 1 year (See note “A”)

Yes, if there is a reciprocal agreement (See note “D”). See note “E.”

Texas

4

A.

The 90-day provision does not apply to states that have extraterritorial provisions shorter than 90 days (i.e. Florida, Maine, Tennessee, West Virginia).

A.

Reciprocity: Benefits from another state are applied against PA benefits. Worker can still apply for PA benefits. Employer and employee can contractually agree that the other state’s laws take precedence. If a certificate is filed by the sending state, then full reciprocity is allowed.

A.

Based on the way the statute reads, it appears SC will extend reciprocity but not in full, applying the amount recovered from the workers domicile state as an offset against the amount due under SC law. SC law does not apply unless there are 4 or more employees.

A.

Extraterritoriality: Out of state coverage not specifically granted, but neither is it precluded.



“Temporarily”: No more than 14 consecutive days and no more than 25 days during the calendar year. The employee can be out of the state longer if certain provisions apply. See footnotes (8) “Significant contacts” means the employee was hired in TX and: 1) was injured no later than 1 year from the date of hire; OR 2) has worked in TX at least 10 working days during the 12 months preceding the injury. “Principle location” is where: 1) the employer has a place of business at or from which the employee regularly works; OR 2) the

A.

Not specified

Disclaimer: This reference sheet is not to be construed as nor is this legal advice or legal interpretation of each state's general statute. Consult with counsel to assure compliance with individual state statutes.

Extraterritoriality extends to workers from another state hired as temporary workers in that state provided that state recognizes ND coverage. If the worker has “significant Contact” (6) (7) with ND, there is no reciprocity unless there is a reciprocal agreement in place with the employee’s state of domicile. WC must be purchased from the state when there is no reciprocity. ND has reciprocal agreements with seven states (nullifying the “significant contact” rule): ID, MT, OR, SD, UT, WA, WY

B.

©2016 Christopher J. Boggs

WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 State

Extraterritoriality (1) See note “C”

Statute

Length

Reciprocity

Length (1)

Notes

C. D. E.

F.

Utah Vermont

Title 34A, Chap. 2, Part 4, Sections 405 and 406 Title 21, Chap. 9, Section 616, 619, 620

Yes

6 Months (Extendable)

Yes (3) (4)

Yes

Not specified

No

Not specified

States with reciprocal agreements with UT: CA, ID, MD, ND, OR, SD, TX, WA, WV, WY. Excluding Construction: MT, NV

A.

Virginia 65.2-508

Yes (See notes “A” and “B”)

Not specified

No B.

Washington

Yes – Subject to 4-part test (2)

51.12.120

Not specified

Yes / No (See note “A”)

Not specified when reciprocity allowed (4)

Yes

30 days total in a 365-day year Can be extended (See note “A”)

West Virginia Title 85, Chap. 23-2-1c 85-8-7 (Rules of Ins. Commissioner)

Yes (See note “A”)

30 days total in a 365-day year (See note “A”)

Wyoming

A.

A.

A.

Wisconsin 102.03 102.28

Yes – Subject to 4-part test (2)

27-14-204 27-14-301 27-14-302

Yes – Subject to 4-part test (2)

5

Not specified

No (See note “A”) See note “B”

Not specified

Yes See note “A” See note “B”

B.

30 day increments (See

Disclaimer: This reference sheet is not to be construed as nor is this legal advice or legal interpretation of each state's general statute. Consult with counsel to assure compliance with individual state statutes.

employee resides and spends a substantial part of the employee's working time. Employees who travel frequently can contractually agree with the employer which state is the principle location. 406.074 allows TX to enter into agreements with other jurisdictions regarding conflicts of jurisdiction. If an injured worker pursues coverage under another state’s WC laws the claim may not be covered under TX law. If pursuing TX benefits, any payment from another jurisdiction are credited against TX benefits. Work Comp is optional in TX.

A.

For extraterritorial benefits to apply, either: 1) the contract of employment must be made in the state; or 2) the employer’s place of business must be in VA. If the employee files under another state and recovers, the amount recovered is credited towards any amounts due under VA law. Employers within the construction industry are not eligible for reciprocity unless a reciprocal agreement exists between the states. Reciprocal states related to construction are: ID, MT, ND, NV, OR, SD, UT, WY Employer and employee can contractually agree which state’s benefits apply if out or in WV one more than a temporary basis (more than 30 days in a 365-day year). WV employees can contractually choose WV laws. Out of state workers can choose the “sending” state. Such contractual choices must be made prior to injury. (3) If three or more employees in the state, no reciprocity. If less than three, WC not required in the state unless more than $500 paid during any calendar quarter. Statute allows the waiver of the work comp requirement if the employer (insured) can show the financial ability to pay any WC claim. This does not necessarily allow reciprocity, but depending on the benefit levels of the sending state, the insured might attempt to secure a waiver. An out-of-state employer must report their presence to the state before beginning work (and may be required to from time to time). They must report: 1) nature of the work, 2) progress of the work, 3) location of work, and 4) number of employees.

©2016 Christopher J. Boggs

WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 State

Washington DC

Extraterritoriality (1)

Statute 27-14-303 27-14-304 27-14-306

Div. V, Title 32, Chap. 15 32-1503

Yes (See note “A”)

Length

Not specified (See note “A”)

Reciprocity See note “C”

Yes

Length (1) notes “A” and “B”)

Not specified See note “B”

Notes B.

C. A. B.

Non-resident employers must register with the state and pay an advanced premium or provide other security (a contract cannot be effectuated until this is done). Such deposit is returned when operations cease. This requirement is waived if a certificate of WC is provided. Reciprocity: The state is allowed to set up reciprocal agreements. Extraterritoriality applies if the employment is principally localized in the District of Columbia Statute extends reciprocity when the nonresident worker is in DC “temporarily or intermittent” but does not define the terms.

(1)

Extraterritoriality and Reciprocity are limited by the shortest grant of time. If extraterritorial provisions are shorter than the reciprocal allowances, coverage ceases when the “sending” state stipulates. If reciprocity allowances are shorter than the extraterritorial provisions, coverage ceases when the “receiving” state stipulates. (2) Four-Part Test: 1. Employment is principally localized in the subject state; 2. The employee is working under a contract of hire made in the subject state for employment not principally localized in any state; 3. The employee is working under a contract of hire made in the subject state for employment principally localized in another state whose workers' compensation law is not applicable to the employer; or 4. The employee is working under a contract of hire made in the subject state for employment outside the United States. (3) The employer must have work comp in state of domicile and it must extend protection to out-of-state employees (extraterritoriality). (4) Mutual reciprocity required (5) Iowa’s 5-part test for Extraterritoriality: 1. The employer has a place of business in this state and the employee regularly works at or from that place of business, or the employer has a place of business in this state and the employee is domiciled in this state. 2. The employee is working under a contract of hire made in this state and the employee regularly works in this state. 3. The employee is working under a contract of hire made in this state and sustains an injury for which no remedy is available under the workers’ compensation laws of another state. 4. The employee is working under a contract of hire made in this state for employment outside the United States. 5. The employer has a place of business in Iowa, and the employee is working under a contract of hire which provides that the employee’s workers’ compensation claims be governed by Iowa law. (6) Significant Contact means the majority of the employee’s time is spent in that state. Three tests can be applied: 1) Where do they live; 2) Where do they primarily work; and 3) Where is the state of hire (where was the contract of hire made)? If two of the three apply, that constitutes significant contact. (7) North Dakota applies three specific tests to measure “Significant Contact”: 1. Any employee earns or would have been expected to earn twenty-five percent or more of his gross annual wage or income from that employer from services rendered in this state; or 2. Twenty-five percent of the employer's gross annual payroll is payable to employees for services rendered in this state. 3. An employer hires an employee in this state for work in this state. (8) Tennessee Extraterritoriality: Extraterritorial protection extends to workers outside of Tennessee on longer than a “temporary” basis (as defined by the statute) if: 1. The employment was principally localized within this state; 2. The contract of hire was made in this state; or 6

Disclaimer: This reference sheet is not to be construed as nor is this legal advice or legal interpretation of each state's general statute. Consult with counsel to assure compliance with individual state statutes.

©2016 Christopher J. Boggs

WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 3. If at the time of the injury the injured worker was a Tennessee resident and there existed a substantial connection between this state and the particular employer and employee relationship.

7

Disclaimer: This reference sheet is not to be construed as nor is this legal advice or legal interpretation of each state's general statute. Consult with counsel to assure compliance with individual state statutes.

©2016 Christopher J. Boggs

Suggest Documents